TOWN BOARD MEETING
 OCTOBER 21, 2004

The regularly scheduled meeting of the Town of Esopus Town Board was held on Thursday, October 21, 2004 at 7:30 PM at the Town Hall on Broadway with the following persons in attendance:

Supervisor Ray Rice
Councilman Gloria VanVliet
Councilman Wayne Freer
Councilman Michael Lange
Councilman Ernie Germano

Recording Administrator: Diane L. McCord
          Town Clerk, RMC

Pledge to the Flag

Announcement: Volunteers are needed for the Recreation Board and for the Planning Board and the Supervisor asked anyone interested to send him their resume or call his office.

Public Comment: None

1.  Resolution to approve a Peddler’s Permit

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

Whereas, as per section 100.5 of the Code of the Town of Esopus, the Town Board is required to accept, and examine, applications for peddling and soliciting, within the Town,

Therefore, Be it Resolved, that the Town Board has examined the application, accepted, or waived, the required fees, and does hereby authorize the issuance of a Peddlers License for Daniel Batista.

Resolution offered by Councilman Wayne Freer
Resolution seconded by Supervisor Ray Rice

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

2.  Resolution to Establish a Halloween Curfew

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

Whereas, in the interest of public safety, and to be in conformity with surrounding communities,

Therefore, Be it Resolved, that the Town Board establishes 7 PM as the curfew for individuals under the age of eighteen years for Halloween, October 31, 2004.  Al other provisions of the town of Esopus Curfew Ordinance will apply.

Resolution offered by Councilman Wayne Freer
Resolution seconded by Supervisor Ray Rice

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

3.  Resolution to Issue Trailer Park Licenses

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster, as follows:

Whereas, the Town is required to accept, and examine, applications for the renewal of licenses for the operation of Trailer Courts within the Town,

Therefore, Be it Resolved, that the Town Board has examined the applications, accepted the required fees, and does hereby authorize the issuance of Trailer Court license for the following:

 Jing Mobile Home Park

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Gloria VanVliet

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.
 
4.  Resolution to Approve Creation of the ESP Land Dev. Drainage District

Supervisor Rice explained the Attorney for the Town, Peter Matera, called today stating the Public Hearing for the proposed Drainage District had been held by the Planning Board in January, however, Public Hearing must be held by the Town Board.  This means a Notice in the Daily Freeman must be published twenty days prior to our Town Board Meeting and the Town Board must hold the Public Hearing.  This is unfortunate because it will force ESP to go another month without approval.  Town Clerk Diane McCord asked if Attorney Matera would draw up the Public Hearing Notice for the Daily Freeman?  Supervisor Rice will contact Attorney Matera.  The Public Hearing will be held on Thursday, November 18th at 7:15 PM.

 ORDER FOR PUBLIC HEARING FOR ESTABLISHMENT OF
 DRAINAGE DISTRICT

WHEREAS, a written amended petition, dated October 1, 2004, has been duly presented to the Town Board of the Town of Esopus, according to law, requesting that a drainage district, as hereinafter described, be established in the Town of Esopus; and

WHEREAS, the boundaries of the proposed drainage district encompass the properties described in Schedule “A” annexed hereto; and

WHEREAS, the improvements proposed in said district consist of a pond, catch basins, swales, covert outlets and inlets, and related drainage improvements, comprising a drainage system to be constructed by the developer of Fawn Meadows Sub-division in the Town of Esopus, said developer being known as ESP Land Development, Inc.  The drainage improvements are most particularly described in the map, plan and report prepared by the Chazen Company August 24, 2004; and

WHEREAS, the annual drainage district expense for the maintenance of facilities shall be approximately $2,000.00, which will result in an annual benefit assessment cost of $500.00 for a typical property; it is

ORDERED, that the Town Board shall meet at the Town Hall 172 Broadway, Port Ewen, New York on the 18th day of November, 2004 at 7:15 PM to consider said petition and hear all persons interested in the subject thereof; and it is further

ORDERED, that the Town Clerk is hereby authorized and directed to publish a certified copy of this Order in the Daily Freeman, the official Town Newspaper, and to post a copy of same on the sign board of the Town in the time and manner required by law.

WHEREUPON, the subject matter of this order having been in the form of a resolution, the following vote was taken:

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernest Germano  Aye

Dated: October 21, 2004
            Port Ewen, New York

_____________________________
                                                                                    Diane McCord, Town Clerk

5.  Discussion of Port Ewen Fire District’s Water Bill

Jack Cleary - Port Ewen: The last bill for the Port Ewen Fire District for water and sewer amounted to $467 and the fire district would like a reduction.  Supt. Don Kiernan stated the meter was read and reread.  The treasurer was notified there was a great amount of water usage and upon inspection a leaky urinal was discovered and subsequently repaired.  Supervisor Rice pointed out water/sewer bills are sent to the Town Hall, Library, Ambulance and are paid by the same taxpayers.   The Port Ewen Fire District taxes are separate from the Town taxes since they are a Special District.  If the districts were the same it would be a wash.

There was discussion about bills being disputed in the past, did they go before the Port Ewen Water and Sewer Advisory Board?  Councilman Freer asked what the procedure was?  Where should disputes go?  What is the proper route?  Superintendent Kiernan stated the bills could not be changed.  The Water and Sewer Board could not change this bill.  The Superintendent could not change the bill.  To change a bill you must go through the New York State Comptrollers Office.  This bill has already been paid.  This is an accounting problem.

A Motion was made by Councilman Gloria VanVliet that the bill should stand and remain the way it is for it has been paid by the Fire Dept. and seconded by Supervisor Ray Rice.

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Abstained
Councilman Michael Lange  Abstained
Councilman Ernie Germano  Aye

Resolution duly adopted.

6.  Discussion of Architect Prototype Proposal for Town Hall

Architect Dennis Suraci did a  prototype proposal and it was handed out only on Monday evening at the Workshop Meeting and there had not been much time to review it.

1.  Supervisor Rice asked if the Sheriff’s Dept. was included in the proposal and it was.
2.  Supervisor Rice then asked about one item,  for frost free bibs and piping and why is that so expensive?  Dennis Suraci answered the costs is due because each of the pipes in the boiler        room go to each hose bib, plus the cost of the bib.  Some of them cost three or four hundred dollars each.  Now you need a union person to install it (usually a day and one half).
3.  If we were to take a green building approach, asked the Supervisor, what kind of money
     could be saved?  NYSCERTA is a big advocate of green buildings.  One of the things we would look at is the type of heating system we would require.  Once we are into the project we would sit down with NYSCERTA and see what grants are available.  We will insulate well and put the glass as much on the south side as possible.

4.  Councilman Germano mentioned there was something there for trailer rental.  The contractor
     will have a trailer on site, according to Dennis Suraci, and that will spec that so we have a
     place to meet and deal with the prime contractors and subcontractors.  The contractor pays,
     however, he will bill this back to the town.  Every dumpster that leaves the site will be
     calculated and billed back to the town.

5.  Supervisor Rice asked if we heard from the NYSDOT?  No, answered Mr. Suraci but you
     have been approved for a curb cut.  Architect Suraci was concerned with the storm water
     drainage but has been assured by the state that they will do something with that.

6.  Councilman Gloria VanVliet asked about the security alarm in the building?  This is
     something that can be piggy backed on to the fire alarm.

7.  There was a question about the $6,000 for three kitchens?  This is for refrigerators, range and
     microwave only.  Cabinets are all separate.

8.  Is it possible to utilize radiant floor heat?  There would be separate zoning.  There would be
     individual areas of 3,000 or 4,000 feet.  Heat pumps are not effective in this area.

9.  Dennis Suraci will mail out the proposal to NYSDOT.

7.  Resolution to Authorize Adjustments to the 2004 Budget

Be it Resolved, by the Town Board of the Town of Esopus, in the County of Ulster as follows:

Whereas, adjustments to the 2004 budget are required in order to properly reflect changes in certain accounts,
 
Therefore, Be it Resolved, that the Town Board authorizes the transfer of the following amounts from the indicated accounts and fund balances to the indicated active accounts:

From:     Amt.  To:
A1990.4 Conting.  $    879.45    A1420.4  Legal
        22.28          A1450.1  Election
      150.00    A1920.4  Municipal Dues
      243.38    A3511.4  Feral Cats
   1,979.73    A7140.1  Recreation
      295.00    A7143.4  Water Chestnuts
      873.30    A8010.1  Zoning
      353.20    A8020.1  Planning
   4,052.61    A8540.1  Drainage Pers.
               1,104.03    A8540.4  Drainage Cont.
   2,661.49    A9061.8  Ins. Buyout
DA599 Highway Fund Bal.       655.38  DA9061.8                  Ins. Buyout
SW9310.2 Water Adm. Eqp.  10,352.50  SW8310.4  Water Adm. Con.
SW599                                            19.37        SW9055.8  Dis. Ins.

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Gloria VanVliet

Supervisor Ray Rice  Aye
Councilman Gloria VanVliet Aye
Councilman Wayne Freer  Aye
Councilman Michael Lange Aye
Councilman Ernie Germano Aye

Resolution duly adopted.

8.  Resolution authorizing the payment of bills received since the September Board Meeting

Be it Resolved, by the Town Board of the Town of Esopus, County of Ulster as follows:

Whereas, the Town of Esopus has been presented with vouchers for payment and these vouchers have been examined and approved by the Town Board,

Now, Therefore, Be it Resolved, that the following vouchers be approved for payment:

General Fund  #041593-041706  $34,143.83

Highway Fund #042300-042350  $47,194.15

Street Lighting #046010   $  4,151.96

Port Ewen Sewer #043114-043128  $ 8,629.08

Port Ewen Water #044250 (not used)
#044251-044273   $16,734.35

Total...........................................................................$110,853.37

Resolution offered by Supervisor Ray Rice
Resolution seconded by Councilman Wayne Freer

Supervisor Ray Rice   Aye
Councilman Gloria VanVliet  Aye
Councilman Wayne Freer   Aye
Councilman Michael Lange  Aye
Councilman Ernie Germano  Aye

Resolution duly adopted.

8.  Motion to Accept the Minutes of the September Board Meeting Upon Correction

Councilman Ernie Germano asked to make a correction to the September 7th Workshop Meeting.  At the end of the meeting under Miscellaneous Topics there was a statement made by Councilman Germano, however, the entire statement was not placed in the Minutes.

The statement as printed in the Minutes read:  “Councilman Ernie Germano thought the Library should not pay $10,000 an acre for the Spinnenweber land but should pay $400,000 toward the community center.”

Councilman Germano said “My complete statement should have read and this was said in jest:”

“The Library paid $410,000 for two acres and we would sell them four acres for $400,000 and that money would go toward the community center.”  My point was that if we do sell any of that
Spinnenweber property to any other entity that a portion of that money should go toward the community center because the real reason we were able to actually be offered this property, at that price, was because the owners and the relatives wanted the town to have a community center.  We should keep that in mind with any future sales of that property.”

A Motion to accept the Minutes as corrected of the September Town Board Meetings was made by Supervisor Ray Rice and seconded by Councilman Ernie Germano.  All Town Board Members voted in favor.  Motion Carried.

9.  Public Hearing on the 2005 Budget

A Public Hearing will be held on November 1, 2004 at 7:30 PM in the Town Hall.  Supervisor Rice would propose to have the meeting at our Workshop Meeting when we will be here anyway.
The Town Clerk will post the notices.

The Preliminary Budget is available at the Town Clerk’s Office and the Town Board has copies.  This budget reflects a zero tax increase, a three percent raise for employees and also all the changes we discussed at our previous meeting.  If you have any suggestions or changes please contact the Supervisor.

A request was made to Assessor Dan Terpening in regard to the assessed values.  It appears the assessed values have increased by about ten million dollars.
 
Public Comment:

Ray Kowatch - Avon Park: Do you have a total estimate for a Town Hall.  Councilman Germano answered 4.5 million dollars.

Councilman Ernie Germano: We have the Senior Citizen Dinner Dance coming up on November 21 from 1 PM to 4 PM at the LaMirage Restaurant and the Town Clerk informed me we already have 84 Senior Citizens signed up.  We talked about when we would cut off the sign ups and it was decided to cut it off a week before the dinner.

A Motion to enter into Executive Session was made at 8:15 PM to discuss a personnel matter in the Building Dept.  The motion was made by Councilman Michael Lange and seconded by Councilman Wayne Freer.  All Town Board Members voted in favor.  Motion Carried.

A Motion to adjourn from Executive Session was made at 9:02 PM by Councilman Gloria VanVliet and seconded by Councilman Ernie Germano.  All Town Board Members voted in favor.  Motion Carried.

A Motion to enter into Executive Session was made at 9:02 to discuss a personnel issue with the Recreation Board by Councilman Ernie Germano and seconded by Councilman Michael Lange.  All Town Board Members voted in favor.  Motion Carried.

A Motion to adjourn from Executive Session was made at 9:12 PM by Supervisor Ray Rice and seconded by Councilman Michael Lange.  All Town Board Members voted in favor.  Motion Carried.

10.  Somerset Development

Several people attended the meeting set up by Somerset Development today at Lake Shore Villas regarding the Silver Property PUD including Supervisor Rice, Assessor Dan Terpening, Councilman Ernie Germano, Town Clerk Diane McCord and Planning Board Advisor Dan Shuster.  The people doing this development are world-reknown.  Essentially when approval was given in 1993 it was for 350 housing units, 3 great houses upon the ridge, 100 room hotel and 100,000 sq. ft. of retail space.  The developers are paring it back and will only have limited retail space and a 40 room hotel.  The entrance will now be at Marc’s Transmission with a right of way.  There was lengthy discussion over the pros and cons of this entrance way and the legality of it.  The developers do not plan to go before the Planning Board for another six to eight months

A Motion to adjourn was made by Supervisor Ray Rice and seconded by Councilman Wayne Freer at 9:25 PM.

Respectfully submitted,

Diane L. McCord
Town Clerk, RMC